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Backup Documents 06/25/2013 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office (0/10/13 4. BCC Office Board of County Gam\ Commissioners N l v/ kcAk kk".- 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was June 25,2013 / Agenda Item Number 16-A8 Approved by the BCC Type of Document Plat—Regal Acres Number of Original One Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or nark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed JH by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on June 25,2013 and all changes made during the meeting have been incorporated in the attached document. The County oI Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A8 MEMORANDUM Date: October 11, 2013 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Plat & Construction, Maintenance Agreement and Performance Bond — Regal Acres Phase 1 Attached for your records is a copy of the documents referenced above, (Item #16A8) adopted by the Board of County Commissioners on Tuesday, June 25, 2013. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 10/10)13 4. BCC Office Board of County iV Commissioners `./ 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was June 25,2013 Agenda Item Number 16-A8 Al Approved by the BCC Type of Document Construction and Maintenance Agreement Number of Original Two—Agreement and Attached and Letter of Credit—Regal Acres Phase 1 Documents Attached Letter of Credit PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) _ 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed JH by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NI f should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on June 25,2013 and all changes made during the meeting have been incorporated in the attached document. The County Cp Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A8 MEMORANDUM Date: October 11, 2013 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Plat & Construction, Maintenance Agreement and Performance Bond —Regal Acres Phase 1 Attached for your records is a copy of the documents referenced above, (Item #16A8) adopted by the Board of County Commissioners on Tuesday, June 25, 2013. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16A8 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this y day of September, 2013 between Habitat for Humanity of Collier County, Inc., hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the"Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as: Regal Acres Phase I. B. Chapters 4 and 10 of the Collier County land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Street lights, Sidewalks, final lift of asphalt. Within 24 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$152,996.22 which amount represents 10%of the total contract cost to complete the construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until such a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required Improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Land Development Code as reflected by final approval by the 16A8 found to be still in compliance with the Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs,together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this L/ day of September,2013. SIGNED IN THE PRESENCE OF: HABITAT FOR HUMANITY OF COLLIER COUNTY,INC., a Florida not-for-profit __ i crpo „....000,70":„_- Niii las. "1 eras �♦ AMUEL i URSO, its President L a Letko ATTEST: J4i1P 0a01 3 BO- ' I O A C UN ' C MMISSIONERS OF COLL : R GO ' ,F ORIDA DWI SHT E.BROCK,,CLERK ti By: G : , GIA A. HILLER, Chairwoman Deputy Clerl.,; es as to airman'$ Si(1r,a�tK�o•"t A.*roved as to form and legall4'y ►. . _ .... . /41 Emily R. 'epin Assistant County Attorney 700 Brickell Avenue Miami,Florida 33131 Telephone:(305)372-1000 SWIFT:CNORUS3M 1 6 A 8 � - Northern Trust IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLC500973 ISSUER'S IDENTIFYING NUMBER ABA 066009650 ISSUER: THE NORTHERN TRUST COMPANY, 700 BRICKELL AVENUE, MIAMI, FLORIDA 33131 ATTENTION: LETTERS OF CREDIT DEPARTMENT(HEREINAFTER"ISSUER"). PLACE AND DATE OF ISSUE: 700 BRICKELL AVENUE, MIAMI, FLORIDA 33131 ATTENTION: LETTERS OF CREDIT DEPARTMENT . DATE: SEPTEMBER 27, 2013 PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 700 BRICKELL AVENUE, MIAMI, FLORIDA 33131, ATTN: LETTERS OF CREDIT DEPARTMENT. DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL SEPTEMBER 29, 2014, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING TO STAFF (AT ENGINEERING REVIEW SERVICES, 2800 N. HORSESHOE DR., NAPLES, FL 34104) BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., (HEREINAFTER "APPLICANT") 11145 TAMIAMI TRAIL E.,NAPLES,FLORIDA 34113. BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA 34112. AMOUNT: USD152,996.22 (ONE HUNDRED FIFTY TWO THOUSAND NINE HUNDRED NINETY SIX AND 22/100 U.S.DOLLARS(U.S.)UP TO AN AGGREGATE THEREOF. CREDIT AVAILABLE WITH: ISSUER. BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. PAGE 1 OF 2 11Page -- SIX 500973 3 r , 700 Brickell Avenue Miami,Florida 33131 Telephone: 372-1000 SWIFT:CNORUS3M I 6 A - Northern Trust PAGE 2 OF 2 IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLC500973 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S)AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE FINAL LIFT OF ASPHALT, SIDEWALKS AND STREET LIGHTING ADDITIONS, EXTENSIONS AND/OR IMPROVEMENTS AS SHOWNS ON THE PLANS FOR `REGAL ACRES PHASE Jr. OR PRIOR TO THE DATE OF EXPIRY THE APPLICANT FAILED TO COMPLETE THE REQUIRED FINAL ACCEPTANCE PROCEDURES AS REQUIRED BY THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AND THE APPLICANT FAILED TO PROVIDE THE COUNTY WITH SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY AS REQUIRED BY THAT ORDINANCE." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER THE NORTHERN TRUST COMPANY, LETTER OF CREDIT NO. SLC500973 DATED SEPTEMBER 27, 2013 ". THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 . THE NORJHi}', TRUST COMPANY BY: /Bata LUIS G. M•RAD, ICE PRE' DENT TELEPHO E s )918-6071 2IPage — SLC500973 The Northern Trust Company 1 6 A R 'OO 13ricl:ell Avenue Nharni, Florida 33131 (3(b)372-1u00 �! ► Northern Trust LETTERS OF CREDIT AUTHORIZED SIGNATURE LIST THE FOLLOWING INDIVIDUALS ARE AUTHORIZED TO SIGN LETTERS OF CREDIT RELATED 'TRANSACTIONS ON BEHALF OF NORTHERN TRUST, N.A. l � >. K THELMA K. RESTREPO VICE PRESIDENT , I�IL. OVA E. ESPANA SECOND`'`VICE PRESIDENT l .ti VEDWARD CASTILLO VICE PRESIDENT 1 JANET M. HODDER SECOND VICE PRESIDENT / �j VIII ,�'vI OR VICE IfESIDBT --)2-- -‘2/ 1'VIVIAN M. i URCIA OFFICER 4/12/2013 Rectal Acres Phase One Engineer's Opinion of Probable Costs 1 6 4 0 Habitat for Humanity of Collier County.-JEI#-20077288 April 12,2013 General Costs Item Unit Qty. Unit Cost Cost Mobilization LS 1 $5,000.00 $5,000.00 Lake Excavation CY 19,880 $1.90 $37,772.00 Import Fill(uncompacted) CY 66,000 $6.00 $396,000.00 Silt Fence LF 3,390 $0.80 $2,712.00 Clearing and Grubbing AC 16 $1,000.00 $16,180.00 TOTAL: $457,664.00 Roadway Item Unit Qty. Unit Cost Cost Asphalt Pavement(1.5"Type S-3) SY 5,044 $6.00 $30,264.00 Limerock Base(8"LBR 100) SY 5,044 $7.00 $35,308.00 Stabilized Subgrade(12"LBR 40) SY 7,489 $1.40 $10,484.60 5'Concrete Sidewalk SY 2,445 $10.00 $24,450.00 Valley Curb&Gutter LF 4,396 $5.00 $21,980.00 Signage and Stripping LS 1 $300.00 _ $300.00 Estimated Sub-Total: $122,788.60 Drainage Item Unit Qty. Unit Cost Cost Pipe,12"HDPE LF 613 , $12.00 $7,356.00 Pipe,15"HDPE LF 925 $16.00 $14,800.00 Pipe.18"HDPE LF 309 $20.00 $6,180.00 Pipe,24"HOPE LF 394 $25.00 $9,850.00 Pipe,30"HDPE LF 168 $35.00 $5,880.00 24"Endwall EA 2 $1,000.00 $2,000.00 30"EndwaN EA 1 $1,200.00 $1,200.00 Valley Gutter Inlet,Traffic rated top EA 6 $2,000.00 $12,000.00 Yard Drains EA 12 _ $300.00 $3,600.00 Estimated Sub-Total: $62,868.00 Potable Water Item Unit Qty. Unit Cost Cost 10"PVC DR18 LF 2,090 , $11.00 $22,990.00 10"PVC DR14 LF 82 $14.00 $1,148.00 Single Water Service Connection EA 27 $400.00 $10,800.00 Double Water Service Connection EA 36 $500.00 $18,000.00 Permanent Sampling Point EA 1 $1,000.00 $1,000.00 Temporary Sampling Point EA 2 $150.00 $300.00 Hydrant Assembly EA 4 $3,000.00 $12,000.00 10"Gate Valve w/box EA 4 $1,000.00 $4,000.00 Auto-flushing device assembly EA 2 $2,500.00 $5,000.00 Air Release Valve EA 2 $600.00 $1,200.00 Estimated Sub-Total: $76,438.00 1 O I NHON ENGINEERING 1of2 16A8 4/12/2013 Sanitary Sewer Item Unit Qty. Unit Cost Cost 8"PVC-SDR 26(3'-8'Deep) LF 1,148 $14.00 $16,072.00 8"PVC-SDR 26(8'-12'Deep) LF 841 $20.00 $16,820.00 4'Sanitary Manhole(3'-8'Deep) EA 8 $3,000.00 $18,000.00 4'Sanitary Manhole(8'-12'Deep) EA 2 $3,600.00 $7,200.00 Double Sewer Service Connection EA _ 49 $500.00 $24,500.00 Estimated Sub-Total: $82,892.00 Landscape Item Unit Qty. Unit Cost Cost Trees EA 100 $150.00 $15,000.00 _ Sod SF 307552 $0.30 $92,265.60 Estimated Subtotal: $107,286.60 Street Lighting 'Item Unit I Qty. Unit Cost J Cost I Lightpole EA 17 $1,000.00 1 $17,000.00 Estimated Subtotal: $17,000.00 Grand Total: $926,612.20 0 x‘1111111//0 ii •`��QO, gROid�� /�4/er lurid nSe��0024 ::'....a::% Aki 11",i IS e J i-..: •wn c ....., • 44?■-• ..... * .. _ ... 4. -3. • ., ,c, /,opESS,1`�„\ 6 0, .o - ® x t VOZ ”. , (0(0 I " d Il )1 { t.� t SLR + ' z2 ENGINEERING 2of2 Y- 6 t)v.d .-- 16A8 4/12/2013 Regal Acres Phase One-Uncompleted Improvements Engineer's Opinion of Probable Costs Habitat for Humanity of Collier County.-JEI it-20077288 April 12,2013 Roadway item Unit Qty. Unit Cost Cost Asphalt Pavement(0.75"Type S-3)(2nd lift of asphalt)_ SY 5,044 $3.00 $15,132.00 Stabilized Subgrade(12"LBR 40) SY 2,446 $1.40 $3,423.00 6'Concrete Sidewalk SY 2445 $10.00 $24,450.00 Signage and Stripping LS 1 $300.00 _ $300.00 , Estimated Sub-Total: $43,305.00 Street Lighting Item Unit Qty. I Unit Cost Cost Lightpole EA 17 $1,000.00 $17,000.00 Estimated Subtotal: $17,000.00 Grand Total: $60,305.00 \ *LOY f/ i � P(d La bl dyr , 11orid-41,r, sk • )124 * . 2 . Ja ... - :r; ' 'r-7. - ; 1 1,/ -its ,e`- 1%v. ""i ///.�/ONAt``�s •JO1 I N ��•,N IIII ENGINEERING 1of1